Who Can Be Sued for Medical Malpractice? Hospitals Hospitals are responsible for providing appropriate care, including accurate and complete diagnosis, treatment, and recovery for their patients in a safe environment. However, healthcare associated infections result in up to 99,000 deaths per year, and many more patients experience other types of medical malpractice. “On any given day, about one in 25 hospital patients has at least one healthcare-associated infection.” Center for Disease Control and Prevention Doctors/ Surgeons Doctors who misdiagnose, fail to diagnose, fail to refer to a specialist, or prescribe the wrong medication or treatment can be held liable for damages incurred from such. Surgeons who perform the wrong procedure, unneeded work, shoddy work, or cause further injury by leaving a foreign object in the body, injure nearby organs, nerves, or tissue, can also be sued. Nurses and Caretakers Injuries that occur while under the care of a nurse or caretaker may be entitled to compensation. Neglect and/or failure to notify doctors or other healthcare professionals about changes to the patient’s health are also included in medical negligence. Nurses must also properly administer medication, as wrong dose, wrong medication, or incorrect injections can lead to a lawsuit. Psychologists and Psychiatrists Psychologists and Psychiatrists are responsible for reporting when a patient is a danger to themselves or others. Failure to do so opens them up to lawsuits and liability. Notification includes proper authorities, not the patient’s family members or friends. Chiropractors Chiropractors are not held to the same standards of medical doctors or surgeons, but they must provide the standard of care according to the skills, care, and knowledge they have and that are standard to other chiropractors. The chiropractic standards vary from State to State, so speak to a lawyer if you have been injured to determine in the chiropractor was negligent in regards to your injury. Dentists/ Dental Hygienists Like doctors, surgeons, and nurses, dentists and dental hygienists are responsible to properly diagnose, treat, and perform to the standard of care for their profession. Poor workmanship, wrong or unnecessary procedures, and improper administration of anesthesia can all fall under medical malpractice lawsuits. Defining ‘Standard of Care’ Within a medical malpractice lawsuit, the burden is on proving the standard of care expected for the particular health care professional was not meet. When an injury occurs because of this, the patient can take action against that provider. The accepted standard of health care providers in the same field operating under the same or similar circumstances is what creates the expected standard of care by which performance is compared. Natural consequences of an illness or result of a treatment are not considered to be medical malpractice or below the standard of care, however if a procedure or treatment is done without you giving consent on expected results, you may be able to sue. Health care professionals are expected to have a level of skill, knowledge, and techniques by which to care for patients, including diagnosis and treatment. It is also expected they consult specialists for better or different treatment options. If these don’t happen, the provider may be liable for injuries you incur under their care. Have you or someone close to you been injured as a result of a medical professional not correctly performing services? A call to the Simon Law Group, an experienced team with over 29 years of success, can help you determine if you have a case. Schedule your confidential and free consultation at 480-745-2450. Remember, Experience Matters!]]>
